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Structure & Power The State of Arizona Charter cities 1912 · SB 1487 in 2016 Where Scottsdale's charter ends and the Capitol takes over

State Preemption and Home Rule: Why Scottsdale's Council Can't Always Do What Its Voters Want

Arizona cities exist because the state lets them. A charter gives Scottsdale home rule over purely local affairs, but when the Legislature declares something a matter of statewide concern, state law wins. Since 2016 lawmakers have used that power to protect short-term rentals, ban bag fees, police city ordinances through the attorney general, and, in 2025, cancel Scottsdale's referendum on Axon's headquarters.

Illustration for State Preemption & Home Rule: where scottsdale's charter ends and the capitol takes over, The State of Arizona

The 30-second version

  • Cities are creatures of the state: a charter gives Scottsdale home rule over local affairs, but state law wins on any matter the courts call statewide.
  • SB 1487 (2016) lets any single legislator ask the attorney general to investigate a city ordinance, with the city's state-shared revenue at risk if it won't fix a violation.
  • A 2016 law, SB 1350, barred cities from banning short-term rentals; a 2022 law let them require licenses, and Scottsdale adopted its licensing ordinance on October 25, 2022.
  • Prop 207 (2006) makes cities pay owners when a new land-use rule lowers a property's value, which shapes how Scottsdale writes zoning.
  • In April 2025 SB 1543 let Axon's headquarters campus proceed without the referendum Scottsdale voters had petitioned for.

What it means in Scottsdale

Scottsdale thinks of itself as a city that decides its own look: the sign code, the design review, the height limits, the Preserve. But every one of those powers is on loan from the state, and in the last decade the Legislature has called in the loan more often. Short-term rentals filled neighborhood streets because a 2016 law barred cities from banning them; the Rio Verde Foothills standoff ended with a state law telling Scottsdale how to sell its water; and in 2025 a law aimed at the Axon campus erased a referendum more than 20,000 residents had signed. Knowing where home rule stops explains why so many Scottsdale fights now end at the Capitol.

Established

Charter cities 1912 · SB 1487 in 2016

Who’s in charge

The Legislature writes the limits; courts referee them

Where

State Capitol, Phoenix

Topic

Structure & Power

Official source

azag.gov ↗

The short version

Arizona cities are creatures of the state. They exist because the Legislature allows them to, and they have only the powers the Arizona Constitution and state law hand them. Scottsdale got as much independence as an Arizona city can get when voters adopted a charter on October 31, 1961. A charter brings home rule: the city can organize its government and run purely local affairs its own way.

The catch is a phrase courts use constantly: matter of statewide concern. When the Legislature passes a law on a subject the courts treat as statewide, that law beats any city ordinance, charter or not. Lawmakers have applied that label to subjects ranging from gun ordinances to grocery bags to what a neighbor may do with a house.

Why it matters in Scottsdale

Three recent episodes show how far the state reaches into city business.

Short-term rentals. In 2016 the Legislature passed SB 1350, which from 2017 barred Arizona cities from banning short-term rentals. Complaints about noisy “party houses” followed in neighborhoods across the Valley, Scottsdale’s included. A 2022 law, SB 1168, let cities require licenses, and Scottsdale’s council adopted its licensing ordinance on October 25, 2022. The city can license and fine; it still cannot say no.

Rio Verde Foothills. After Scottsdale stopped selling hauled water to the unincorporated community on January 1, 2023, the Legislature passed SB 1432, signed June 19, 2023, setting up a standpipe district to buy water through Scottsdale’s system while a longer-term supplier came online.

Axon. The council rezoned land near Loop 101 and Hayden Road for Axon’s headquarters campus in November 2024, and residents gathered more than 20,000 signatures to force a referendum. In April 2025 the Legislature passed, and Governor Katie Hobbs signed, SB 1543, which made the rezoning unnecessary and ended the vote. The 2025 page tells that story from the city’s side.

The enforcement tool: SB 1487

For most of Arizona’s history a conflict between a city and the state went to court the ordinary way, slowly. SB 1487, passed in 2016, changed the pace. Any single member of the Legislature can now ask the attorney general to investigate any ordinance or official action of a county, city or town. The attorney general has 30 days to report. If the action violates state law, the city gets 30 days to fix it, or the state treasurer can withhold its state-shared revenue, money the taxes and shared revenue guide shows is a large slice of any city budget. If the answer is unclear, the attorney general takes the question straight to the Arizona Supreme Court.

The first big case was Tucson’s practice of destroying seized guns; on August 17, 2017 the court held that firearm regulation was a statewide concern and Tucson’s ordinance had to yield. Bisbee’s plastic bag ban was next: a 2015 state law had barred local rules on bags and other “auxiliary containers,” the attorney general found Bisbee in violation in October 2017, and Bisbee made its ban voluntary rather than lose its state money.

Other limits cities live with

Cities also cannot levy a sales tax on residential rent since January 1, 2025, and they must work around Prop 207, the 2006 voter initiative that makes a city pay owners when a new land-use rule lowers the value of property they already hold. Prop 207 is why Scottsdale’s zoning changes tend to add options rather than take them away.

How the charter bargain was struck

Arizona’s 1912 constitution was a populist document, and it gave cities more room than many states did. Any city of more than 3,500 people can write a charter, submit it to its voters and then to the governor, and govern its municipal affairs under it. Scottsdale waited until 1961, ten years after incorporating, and used its new home rule to write the sign and design codes that still define the city. The council-manager charter guide covers that document.

What the constitution did not do was define “municipal affairs.” Courts have filled that gap case by case, and the test they apply, whether a subject is of statewide concern, tends to favor the Legislature. Firearms, taxation and land use have all been pulled at least partly into the statewide column.

The 2016 turn

Before 2016 the state preempted cities now and then. That year’s session made preemption systematic: SB 1487 gave every legislator a direct line to the attorney general and put a city’s shared revenue on the table, and SB 1350 took short-term rental bans off the table the same spring. Supporters argued that a patchwork of local rules burdened businesses and property owners across a single state economy. City officials argued that the people closest to a problem should solve it and that the revenue threat was a blunt instrument. Both arguments still run through every session.

Axon and the referendum

The Axon case added something new. Scottsdale’s charter, like the state constitution, lets voters refer a council decision to the ballot, the power the voters and ballot measures guide describes. The council approved Axon’s campus, with about 1,900 homes and a hotel, 5–2 on November 19, 2024; opponents filed more than 20,000 signatures in December; and the vote was set for 2026. SB 1543 did not overturn the referendum directly. It required any city of 200,000 to 500,000 people to allow hotels and multifamily housing on land zoned like the Axon parcel, without a public hearing, for an “international headquarters” employing more than 2,000 people at more than 125% of the county’s median wage. With that, there was no rezoning left to vote on.

Mayor Lisa Borowsky, elected in 2024 on a slower-growth platform after the council under David Ortega approved the project, asked the governor to veto the bill. After it became law the council weighed a lawsuit, then in November 2025 approved a 4–3 compromise with Axon that cut the housing to 1,200 units. A citizens group sued, arguing the law was unconstitutional special legislation; in May 2026 a Maricopa County Superior Court judge upheld it. For a city that protected its mountains by public vote, from the McDowell Sonoran Preserve to the 2018 charter amendment guarding it, it was a sharp lesson that the last word can come from Phoenix.

Connected guides on this site

The other layers of government, the people and the places this story runs through.

State Preemption & Home Rule by the numbers

3,500+ people

Charter threshold

30 days

AG review clock

64.8% yes, 2006

Prop 207 vote

20,000+ signers

Axon petition

The timeline

  1. 1912

    Arizona's constitution lets any city of more than 3,500 people adopt its own charter, giving it home rule over municipal affairs.

  2. 1961

    Scottsdale voters adopt the city's home-rule charter on October 31.

  3. 2006

    Voters pass Prop 207, the Private Property Rights Protection Act, requiring compensation when new land-use rules reduce property values.

  4. 2016

    The Legislature passes SB 1487, letting any member trigger an attorney general review of a local ordinance, and SB 1350, barring cities from banning short-term rentals.

  5. 2017

    On August 17 the Arizona Supreme Court rules in the first SB 1487 case that Tucson's gun-destruction ordinance violates state law.

  6. 2022

    SB 1168 lets cities license short-term rentals; Scottsdale's council unanimously adopts its licensing ordinance on October 25.

  7. 2023

    Governor Katie Hobbs signs SB 1432 on June 19, creating a standpipe district that restores Scottsdale-supplied water to Rio Verde Foothills.

  8. 2025

    Governor Hobbs signs SB 1543 on April 18, clearing Axon's headquarters campus and cancelling the city referendum on its rezoning.

Questions people actually ask

Can Arizona override a city ordinance?

Yes. Cities have only the powers the state constitution and legislature give them. A charter city like Scottsdale controls purely local matters, but if the Legislature passes a law on something the courts consider a matter of statewide concern, that law overrides any conflicting city ordinance.

What is SB 1487 in Arizona?

A 2016 law that lets any state legislator ask the attorney general to investigate a city or county action. If the attorney general finds a violation of state law and the city doesn't fix it within 30 days, the state can withhold the city's share of state revenue; if the question is unclear, the attorney general takes it to the Arizona Supreme Court.

Can Scottsdale ban Airbnb and other short-term rentals?

No. Since SB 1350 took effect in 2017, Arizona cities cannot ban short-term rentals. A 2022 law lets them require a local license, collect emergency contact information and suspend licenses for repeated violations, which is what Scottsdale's ordinance does.

Why couldn't Scottsdale voters vote on the Axon project?

Residents gathered more than 20,000 signatures to refer the council's November 2024 rezoning to the 2026 ballot. In April 2025 the Legislature passed SB 1543, which requires cities of 200,000 to 500,000 people to allow hotels and apartments on land zoned like the Axon parcel for a qualifying international headquarters, without a public hearing. That made the rezoning unnecessary and ended the referendum.

What is Prop 207 and how does it affect zoning?

Prop 207, passed in 2006, requires a city to compensate an owner when a new land-use law reduces the value of property the owner already holds. It also narrowed eminent domain. Cities therefore avoid broad downzonings and often ask owners seeking a rezoning to sign a waiver of Prop 207 claims.

Vernacular & LexiconPreemptionShort-term rentals (STRs) and SB 1350Charter city and home ruleThe Verde RiverCouncil-manager governmentThe KivaSales tax (TPT)Hayden Road

Facts checked: September 22, 2026 • Curated by the Scottsdale.tips editors • Plain-English explainer, not legal advice. Figures follow the city charter, Arizona statutes and official records; office holders change with each election. Corrections are welcome.